A SSOCIATION OF P UBLIC A CCOUNTS C OMMITTEES (APAC) Report on Implementation of SADCOPAC Conference Resolutions 2011 (Zimbabwe) and 2012 (South Africa) Hon Sarah Mangena APAC Deputy General Secretary SADCOPAC CONFERENCE 2-7 September 2013 Arusha, Tanzania

INTRODUCTION This is a report of APAC on the implementation of the SADCOPAC Conference 2011 and 2012 resolutions taken in Zimbabwe and South Africa respectively. APAC is proud to inform conference that APAC has been able to deliver on these resolutions with the resources and time available All our 10 jurisdictions (National Assembly and nine provincial legislatures) have actively participated in the implementation of most of these resolutions

INTRODUCTION CONT. The resolution that was not implemented is the following: PACs should press for the provision of legal sanctions in their country statutes so that action can be taken against Accounting Officers (as defined by the law in the jurisdictions) and Members of the Government who fail to implement house resolutions recommended by PAC. The reason why this resolution was not implemented will be explained during my presentation

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 1: 2012 To contribute towards strengthening the parliaments / legislatures by lobbying for an increase of appropriate skilled and qualified human support for PACs, in particular and oversight committees in general Implementation The PACs and other oversight committees in South Africa have skilled human support. They all have Clerks and researchers. Legal advisors and medial liaison officers are usually shared amongst portfolio committees

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 2: 2012 To strive in all our member states to advocate for the independence of SAIs by way of implementing the UN resolution A/66/209 on SAI Independence by our parliaments Implementation In terms of the Constitution of South Africa, the SAI of South Africa is independent. The Audit Office generates his revenue and employs his own staff. This is also supported by the Public Audit Act.

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 3: 2012 To encourage our member state PACs to strengthen working relations with other oversight structures in parliaments (portfolio committees), SAIs and Accountants General through collaboration and knowledge sharing Implementation The SAI South Africa briefs the PACs before hearings. At least a Chairperson of a relevant Portfolio Committee is part of the briefing. Accountant General’s office is always in attendance at PACs hearings as expert witness. The Association of Public Accounts Committees (APAC) hosts annual conferences and trainings for members of PACs, at which SA SAI and Accountant General are always invited to.

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 4: 2012 SADCOPAC to continue to play an instrumental role in ensuring skills development for members and their support staff Implementation APAC members and support staff always participate at the training initiatives arranged by SADCOPAC

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 5: 2012 To encourage all PACs to explore how best they can leverage the combined assurance methodology and approach to the betterment of their oversight work Implementation The Association of Public Accounts Committee organised a training where the Auditor General of South Africa was invited to share insights with members and their support staff on the combined assurance methodology. Which entails amongst others: the coordination and relevant assurance efforts focusing on key risks tracking of remedial actions /key control monitoring

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 6: 2012 The leadership of SADCOPAC together with WAAPAC and EAAPAC initiate earnest discussions towards the realisation of AFROPAC in the next 18 months Implementation APAC is pleased and proud that the implementation of this resolution took only 12 months. The leadership of SADCOPAC, WAAPAC and EAAPAC met in Juba South Sudan on 1 st February 2013 where a declaration towards the formation of AFROPAC was signed. Some Auditors General were also part of this process. On 2 September 2013, AFROPAC was launched here in Arusha, Tanzania by the leadership of SADCOPAC, WAAPAC and EAAPAC

FEEDBACK ON SADCOPAC RESOLUTIONS RESOLUTIONS TAKEN IN SOUTH AFRICA IN 2012

FEEDBACK ON SADCOPAC RESOLUTION Resolution 1: 2011 SADCOPAC member states should review their public participation strategies to ensure that the engagement of the public, the media and CSO's is spelt out clearly. Implementation In South Africa, all legislatures and National Parliament have programmes that support public participation. Some of the activities are: -Public outreach programmes which are about teaching and educating the members of public on what is the role of the legislatures and Parliament. -How public can communicate with the legislature/Parliament through submission of petitions -Public hearings are opened to members of the public and CSO’s

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 2: 2011 SADCOPAC should continue to make good use of collaboration and social media tools (such as the wiki) to serve the work of the PACs as a way of working more quickly, collaboratively, efficiently and transparently. It will be used for documentation, ongoing collaboration and working groups. Presentations should be available in advance of the conferences for downloading and translating from the wiki. Implementation APAC needs to strengthen its participation in the wiki

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 1O: 2011 PACs should strengthen partnerships and relations with other oversight institutions in order to strengthen their oversight and accountability work. Implementation In South Africa, when PACs have briefings in preparation for hearings, other oversight committees are invited. The same applies at the time of hearings. When PACs carry out their oversight visits, other stakeholders such as Portfolio Committees and Auditor General.

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 11: 2011 PACs should press for the provision of legal sanctions in their country statutes so that action can be taken against Accounting Officers (as defined by the law in the jurisdictions) and Members of the Government who fail to implement house resolutions recommended by PAC. Implementation In South Africa, there are two pieces of legislation: the Public Financial Management Act and Municipal Financial Management Act that are quite clear about what the roles and responsibilities of accounting/controlling officers are and these acts are also clear about how to sanction Accounting Officers who do not comply with these pieces of the legislation. However, in SA, there no specific legislation that binds the executive to implement the resolutions of PACs

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 11: 2011 SADCOPAC should develop capacity building for PAC Secretariat and members (including clerks and researchers). Implementation Plans are in place at the SADCOPAC level to conduct training for the PACs of South Africa. As indicated in similar resolutions in the previous slides, PACs secretariat participate at the training initiatives arranged by SADCOPAC

FEEDBACK ON SADCOPAC RESOLUTIONS Resolution 11: 2011 PACs should start working towards strengthening the collaboration between Public Accounts Committees in member states and other regions in Africa to investigate cases of corruption that cross national borders. Implementation APAC has started working on collaboration with other PACs in the region, especially on issues of capacity building, however APAC is yet to find mechanisms of how to collaborate on issues of investigation of cases of corruption that cross national boarders.

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